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Study Cost Clause in Utrecht: What You Need to Know

A study cost clause obliges employees in Utrecht to repay training costs upon early departure. Read more about the conditions and legal assistance in Utrecht.

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Study Cost Clause in Utrecht

A study cost clause is an agreement whereby an employee can be obliged to repay training costs upon early termination of employment.

Conditions for Validity

For a valid study cost clause in Utrecht, the following requirements must be met:

  • The agreement must be recorded in writing
  • It must specifically indicate which costs are to be repaid
  • The repayment period must be reasonable
  • A graduated repayment scale must be included

What is a Graduated Repayment Scale?

It is often agreed that the repayment obligation decreases per year after completion of the study, for example by 20% per year of service.

Dismissal by Employer

If the employer initiates the dismissal, the employee cannot in most cases be compelled to repay study costs.

Current Case Law

Courts in Utrecht and elsewhere are scrutinising study cost clauses more strictly. Unreasonable clauses can be adjusted or declared invalid by the court.

Legal Basis: EU Directive on transparent working conditions, relevant case law

Frequently Asked Questions about Study Cost Clauses

When is a study cost clause legally valid?

A clause is legally valid if it is agreed in writing, the costs are clearly described, the repayment period is reasonable and a graduated scale is applied. Otherwise, a court may declare the clause invalid.

Am I obliged to repay if dismissed by my employer?

No, in most situations you do not have to repay study costs if your employer dismisses you, unless you have acted seriously culpably yourself. Consult your contract or a lawyer if unclear.

How does a graduated repayment scale work?

With a graduated repayment scale, your repayment obligation decreases per year that you remain in service after the training. For example: for a cost of €5,000, after 1 year you pay €4,000, after 2 years €3,000, and so on.

What if I am imposed an unreasonable study cost clause?

You can submit the clause to the court. The court can adjust it or declare it invalid if it is too burdensome. Ensure you have evidence such as your employment contract and seek legal advice.

Do these clauses also apply to self-chosen studies?

Generally not. Study cost clauses usually only apply to training prescribed by the employer or directly relevant to your work.

Local Information Utrecht

Court: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht

Legal Assistance: Juridisch Loket Utrecht, Catharijnesingel 55